Adam Bidner, accused of killing Shane Mears at Cessnock tip, faces fitness hearing ahead of trial

A hearing will decide if accused killer Adam Bidner, who police allege ran down and killed father-of-seven Shane Mears at the Cessnock tip in 2020, is fit to stand trial.

The crime scene at Cessnock tip in July 2020 after Mr Mears was found with injuries and later died. Picture: Amy Ziniak

A Cessnock man accused of running down and killing a father-of-seven over a scrap metal dispute has now been accused of fabricating and “feigning” a cognitive impairment which could see him deemed unfit to stand trial.

Last year, Adam Andrew Bidner pleaded not guilty to the murder of Shane Mears by allegedly hitting him with his Toyota Landcruiser and leaving him for dead at the Cessnock Waste Management Centre on July 5, 2020.

Police allege Mr Mears and a friend had separated to look for scrap metal when the alleged altercation with Bidner occurred, before he fled into bushland through a hole in the fence and left the 54-year-old critically injured.

He also pleaded not guilty to dangerous driving occasioning death, failing to stop and assist, while an offence of negligent driving occasioning death will serve as backup charge.

But just a month out from his trial, Bidner’s lawyers received a report that he was unfit to stand trial due to the effects of a traumatic brain injury sustained by a motor vehicle accident in 2016.

A court will decided if Adam Bidner, charged over the death of Shane Mears at Cessnock tip, is fit to stand trial. Picture: Facebook.

At a hearing in the Supreme Court in Newcastle on Tuesday, the court heard clinical psychologist Sam Borenstein give evidence that in his opinion Bidner was affected by a combination of the traumatic brain injury, a meth addiction and depression, which had “likely lead to brain damage”.

The doctor said he had interviewed Bidner earlier this year in March and then again just recently where he noted significant changes.

Shane Mears was killed while looking for scrap metal from the tip. Picture: supplied

“He was very vague in response, often responded not sure, I don’t know, it was difficult to illicit information from him and when pressed with certain questions, his answers were simplistic,” Dr Borenstein said.

“He presented very differently on this occasion. His answers were more substantive in March.”

He told the court comments from Bidner’s father confirmed that he was “shocking” in regards to his memory after he had suffered the injury.

He concluded that Bidner did suffer cognitive impairment due to a traumatic brain injury which affected his ability to function properly.

The crime scene at Cessnock tip after Mr Mears was found with injuries and later died. Picture: Amy Ziniak

But Crown Prosecutor Brian Costello refuted that Bidner was unfit to stand trial, instead suggesting he “simply ceased opportunity” and was feigning in his considerable memory losses and lack of knowledge about the legal system when quizzed.

He accused Bidner of not being “genuine” in his responses to the doctors who were assessing him and that Justice Wilson should disregard comments made by his father, who has been accused of evidence disposal and a willingness to provide assistance to his son.

“Based on your experience are you able to explain why such a different from March?” Mr Costello asked Dr Borenstein.

He replied, “I cannot, it’s very much a marked change. Something may have happened which linked to a regression in his emotional and cognitive state, but I don’t know exactly.”

Mr Costello further questioned whether Bidner “may be feigning this as a successful strategy in a criminal proceedings”.

Where Mr Mears was found with critical injuries in July, 2020.

But the doctor told the court he couldn’t agree Bidner was “pretending” citing the combining effects of drugs, depression, and a traumatic brain injury meant he did not function and was “damaged”.

In closing, the Crown Prosecutor claimed there was no actual diagnosis of traumatic brain injury or any record of concern at the time of the injury.

Mr Costello said that even if he had deficits in his memory and lacked detail in recalling what happened at the tip that day, it was not alone enough to find him unfit.

Bidner’s lawyer said the medical evidence supported the incidence of his traumatic brain injury, which included an MRI and other examinations by doctors had concluded he had cognitive impairments.

“No suggestion by way of testing that he was fabricating or manufacturing or exaggerating any of his symptoms,” he said.

He told Justice Wilson about his client’s lack of ability to instruct counsel which would create difficulties during trial and that his symptoms were in-fact not fabricated but genuine.

Justice Wilson will hand down her judgment on Wednesday.